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Title IV — Nationwide Grants To Prevent and Respond to Workplace Harassment

H.R. 2148 · 116th Congress · Apr 9, 2019 · Lineage

IV Nationwide Grants To Prevent and Respond to Workplace Harassment

Sec. 401 Definitions

In this title:
(1)
Commission— The term Commission means the Equal Employment Opportunity Commission.
(2)
Employee— The term employee has the meaning given the term in section 302(a)(4).
(3)
Employment discrimination— The term employment discrimination means discrimination that is in violation of applicable Federal, State, or local employment law, including:
(A)
Title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.).
(B)
The Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16a et seq.).
(C)
The Congressional Accountability Act of 1995 (2 U.S.C. 1301 et seq.).
(D)
Subchapter II of chapter 5 of title 3, United States Code.
(E)
The Age Discrimination in Employment Act of 1967 (29 U.S.C. 621 et seq.).
(F)
Title I and section 503 (for violations with respect to that title) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12111 et seq., 12203).
(G)
Sections 501 and 505 of the Rehabilitation Act of 1973 (29 U.S.C. 791, 794a).
(H)
Section 6(d) of the Fair Labor Standards Act of 1938 (commonly known as the “Equal Pay Act of 1963”) (29 U.S.C. 206(d)).
(I)
Title II of the Genetic Information Nondiscrimination Act of 2008 (42 U.S.C. 2000ff et seq.).
(J)
Section 4311 of title 38, United States Code.
(K)
Other Federal, State, or local employment law.
(4)
Worker— The term worker has the meaning given the term in section 302(a)(7).

A National Grants for Preventing and Addressing Employment Discrimination, Including Harassment

Sec. 411 Definitions

In this subtitle:
(1)
Director— The term Director means the Director of the Women’s Bureau of the Department of Labor.
(2)
Eligible entity— The term eligible entity means any of the following:
(A)
A nonprofit organization, including a community-based organization, nonprofit legal aid organization, or labor organization, that provides services and support to workers, including by assisting workers in filing charges of employment discrimination.
(B)
An institution of higher education, as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).

Sec. 412 Grants

(a)
Grants— The Director, in consultation with the Commission, shall award grants under this section, on a competitive basis, to eligible entities to assist such entities in carrying out a program for preventing and addressing employment discrimination, including harassment, through activities authorized under subsection (b).
(b)
Use of funds—
(1)
Permissible activities— A grant awarded under this section shall be used for activities to prevent and address employment discrimination, including harassment, which may include—
(A)
educating workers about their rights related to harassment in employment under Federal, State, and local civil rights, labor, and employment laws;
(B)
educating employers about their obligations to prevent and address harassment in employment under Federal, State, and local civil rights, labor, and employment laws;
(C)
providing assistance to workers in bringing complaints of employment discrimination, including filing charges of harassment;
(D)
establishing networks for education, communication, and participation in the workplace and community;
(E)
monitoring employer compliance with Federal, State, and local civil rights, labor, and employment laws;
(F)
recruiting and hiring of staff and volunteers; and
(G)
any other activity the Director, in consultation with the Commission, may reasonably prescribe for the purpose of preventing and addressing employment discrimination, including harassment.
(2)
Prohibited activities— Notwithstanding paragraph (1), an eligible entity receiving a grant under this section may not use the grant funds for any purpose reasonably prohibited by the Director, in consultation with the Commission, through notice and comment rulemaking.
(c)
Term of grants— Each grant awarded under this section shall be available for expenditure for a period not to exceed 3 years.
(d)
Applications—
(1)
In general— An eligible entity seeking a grant under this section shall submit an application for such grant to the Director in accordance with this subsection.
(2)
Partnerships— Multiple eligible entities may submit a joint application under this subsection that designates a single entity as the lead entity for the purposes of receiving and disbursing funds received through a grant under this section.
(3)
Contents— An application under this subsection shall include—
(A)
a description of a plan for the program that the eligible entity proposes to carry out with a grant under this section, including a long-term strategy and detailed implementation plan;
(B)
information on the prevalence of violations of prohibitions on employment discrimination, including harassment, under Federal, State, and local civil rights, labor, and employment laws in the population served by the eligible entity;
(C)
information on any industry or geographic area targeted by the plan for such program;
(D)
information on the type of outreach and relationship building that will be conducted under such program;
(E)
information on the training and education that will be provided to workers and employers under such program; and
(F)
the method by which the eligible entity will measure the results of such program.
(e)
Selection—
(1)
Competitive basis— In accordance with this section, the Director, in consultation with the Commission, shall, on a competitive basis, select grant recipients from among eligible entities that have submitted an application meeting the requirements under subsection (d).
(2)
Priority— The Director, in consultation with the Commission, in selecting grant recipients under paragraph (1), shall give priority to eligible entities that—
(A)
serve workers in any industry or geographic area that is most highly at risk for employment discrimination, including harassment, as identified by the Director, in consultation with the Commission; and
(B)
demonstrate past and ongoing work to prevent employment discrimination, including harassment.
(f)
Performance evaluations—
(1)
In general— Each grant recipient under this section shall develop procedures for reporting, monitoring, measuring, and evaluating the activities of each program or activity funded under this section.
(2)
Guidelines— The procedures required under paragraph (1) shall be in accordance with guidelines established by the Director, in consultation with the Commission.

Sec. 413 Authorization of appropriations

There are authorized to be appropriated to the Director such sums as may be necessary to carry out this subtitle.

B Grants for Legal Assistance for Low-Income Workers

Sec. 421 Definitions

In this subtitle:
(1)
Secretary— The term Secretary means the Secretary of Labor.
(2)
Covered client— The term covered client means an individual who—
(A)
is an eligible client; and
(B)
faces legal issues related to employment discrimination, including harassment.
(3)
Eligible client— The term eligible client has the meaning given the term in section 1002 of the Legal Services Corporation Act (42 U.S.C. 2996a) and the regulations of the Legal Services Corporation.
(4)
Eligible entity— The term eligible entity means—
(A)
a nonprofit organization; and
(B)
an individual who is licensed to practice law.

Sec. 422 Grants for civil legal needs related to employment discrimination

(a)
Grants authorized—
(1)
In general— The Secretary is authorized to provide financial assistance to eligible entities to enable those eligible entities to provide for the civil legal needs of covered clients that are related to employment discrimination, and to provide for those clients such other services as are necessary to carry out the purposes of this subtitle, including any of the following activities:
(A)
Providing covered clients advice, legal services, or representation.
(B)
Assisting covered clients in utilizing the Commission employment discrimination complaint process.
(C)
Assisting covered clients in utilizing a private employment complaint process.
(D)
Conducting outreach activities to publicize the services offered under this section.
(2)
Citizenship status— An eligible entity receiving a grant under this section shall provide services to a covered client without regard to the citizenship status or authorization to work of the covered client.
(b)
Application— In order to be eligible to receive a grant under this section, an eligible entity shall submit an application to the Secretary at such time and in such manner as the Secretary may require. Such application shall include—
(1)
a description of the services that the eligible entity proposes to provide, implement, improve, or expand;
(2)
a description of the covered clients the eligible entity intends to serve;
(3)
evidence of the eligible entity’s capacity to provide services to covered clients with legal issues related to employment discrimination, such as the eligible entity’s record of success representing eligible clients in employment-related legal matters, or the eligible entity’s prior experience serving clients who cannot afford legal counsel;
(4)
an explanation of how the services the eligible entity intends to provide will assist covered clients in addressing legal issues related to employment discrimination; and
(5)
any other information that the Secretary may require.
(c)
Award basis— The Secretary shall, in consultation with the Legal Services Corporation, award and oversee grants under this section pursuant to such procedures and criteria as the Secretary may require. Such procedures and criteria shall include consideration of—
(1)
whether the eligible entity has demonstrated an understanding of the legal needs of covered clients;
(2)
the eligible entity’s capacity to provide services to covered clients with legal issues related to employment discrimination, which may be demonstrated through evidence described in subsection (b)(3);
(3)
the eligible entity’s knowledge of applicable Federal, State, and local employment laws;
(4)
the eligible entity’s capacity and ability to access other resources;
(5)
the eligible entity’s ability to ensure continuity of service to covered clients with pending legal issues; and
(6)
other factors that the Secretary determines are relevant.
(d)
Equitable distribution— To the extent practicable, in awarding grants under this section, the Secretary, in consultation with the Legal Services Corporation, shall ensure that grants are made so as to provide the most economical and effective delivery of legal assistance to covered clients in both urban and rural areas, with consideration of the geographic distribution of persons in poverty.
(e)
Duration of the grant—
(1)
In general— A grant under this section shall be for a term of not less than 1 year and not more than 5 years.
(2)
Renewal— The Secretary may renew a grant awarded under this section for a period of not more than 2 additional years if the eligible entity demonstrates that the eligible entity is effectively using funds and that the renewal of funds will allow the eligible entity to scale up the provision of services, replicate the program, or provide continuity of service to covered clients.
(f)
Report— Two years after the enactment of this section, the Secretary shall provide to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor of the House of Representatives a report on the implementation of the grant program under this section, including—
(1)
a description of the services provided using grant assistance under this section, including a detailed description of the types of legal issues addressed by eligible entities and the number of covered clients served; and
(2)
an assessment of the number of individuals facing one or more legal issues related to employment discrimination who cannot afford adequate legal counsel, and the largest areas of unmet need.

Sec. 423 Authorization of appropriations

There are authorized to be appropriated to carry out this subtitle such sums as may be necessary.

C Grants for a System of State Advocacy

Sec. 431 Purpose

The purpose of this subtitle is to provide allotments to support a system of advocacy (referred to in this subtitle as a “system”) in each State to protect the legal and human rights of workers in accordance with applicable Federal, State, and local employment discrimination laws.

Sec. 432 Definitions

In this subtitle:
(1)
Record— The term record includes—
(A)
a report prepared by an employer or staff person charged with investigating reports of employment discrimination that describes incidents of possible discrimination and the steps taken to investigate those incidents;
(B)
statistical information related to employment decisions and the race, sex (including sexual orientation and gender identity), religion, national origin, age, disability, genetic information, or other protected characteristics of workers;
(C)
records described in section 11(c) of the Fair Labor Standards Act (29 U.S.C. 211(c)); and
(D)
any such similar record, as may be necessary to carry out the purposes of this subtitle.
(2)
Secretary— The term Secretary means the Secretary of Labor.
(3)
State— The term State, except as otherwise provided, includes, in addition to each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.

Sec. 433 Allotments and payments

(a)
Allotments—
(1)
In general— To assist States in meeting the requirements of section 434, the Secretary shall make allotments to States from the amounts appropriated under section 436 and not reserved under paragraph (5).
(2)
Minimum allotments— In any case in which—
(A)
the total amount appropriated under section 436 for a fiscal year is not less than $20,000,000, the allotment under paragraph (1) for such fiscal year—
(i)
to each of American Samoa, Guam, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands may not be less than $100,000; and
(ii)
to any State not described in clause (i) may not be less than $200,000; and
(B)
the total amount appropriated under section 436 for a fiscal year is less than $20,000,000, the allotment under paragraph (1) for such fiscal year—
(i)
to each of American Samoa, Guam, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands may not be less than $50,000; and
(ii)
to any State not described in clause (i) may not be less than $150,000.
(3)
Reduction of allotment— Notwithstanding paragraphs (1) and (2), if the aggregate of the amounts to be allotted to the States pursuant to such paragraphs for any fiscal year exceeds the total amount appropriated for such allotments under section 436 for such fiscal year, the amount to be allotted to each State for such fiscal year shall be proportionately reduced.
(4)
Increase in allotments— If the sum appropriated under section 436 and not reserved under paragraph (5) for any fiscal year exceeds the aggregate of the minimum allotments for all States under this subsection for that fiscal year, such excess amount shall be allotted among the States, including American Samoa, Guam, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands, so as to increase proportionately the minimum allotment for each such State.
(5)
Technical assistance— In any case in which the total amount appropriated under section 436 for a fiscal year is more than $24,500,000, the Secretary shall—
(A)
use not more than 2 percent of the amount appropriated to provide technical assistance to eligible systems with respect to activities carried out under this subtitle (consistent with requests by such systems for such assistance for the year); and
(B)
provide a grant in accordance with section 434(d) and in an amount described in paragraph (2)(A)(i), to an American Indian consortium to provide protection and advocacy services.
(6)
Reallotments—
(A)
In general— If the Secretary determines that an amount of an allotment to a State for a period (of a fiscal year or longer) will not be required by the State during the period for the purpose for which the allotment was made, the Secretary shall reallot the amount.
(B)
Timing— The Secretary may make such a reallotment from time to time, on such date as the Secretary may fix, but not earlier than 30 days after the Secretary has published notice of the intention of the Secretary to make the reallotment in the Federal Register.
(C)
Amounts— The Secretary shall reallot the amount to other States with respect to which the Secretary has not made that determination. The Secretary shall reallot the amount in proportion to the original allotments of the other States for such fiscal year, but shall reduce such proportionate amount for any of the other States to the extent the proportionate amount exceeds the sum that the Secretary estimates the State needs and will be able to use during such period.
(D)
Reallotment of reductions— The Secretary shall similarly reallot the total of the reductions among the States whose proportionate amounts were not so reduced.
(E)
Treatment— Any amount reallotted to a State under this subsection for a fiscal year shall be deemed to be a part of the allotment of the State under paragraph (1) for such fiscal year.
(b)
Payment to systems— The Secretary shall pay directly to each State that has a system in the State that complies with the provisions of this subtitle the amount of the allotment made for the State under this section, unless the system specifies otherwise, to be used in support of the system.
(c)
Unobligated funds— Any amount paid to a State under this subtitle for a fiscal year and remaining unobligated at the end of such year shall remain available to such State for the next fiscal year, for the purposes for which such amount was paid.

Sec. 434 System required

(a)
In general— In order for a State to receive an allotment under this subtitle the State shall—
(1)
have in effect a system to protect and advocate for the rights of workers within the State who are or who may be eligible for relief from applicable employment discrimination laws; and
(2)
designate a private nonprofit entity (referred to in this subtitle as an “agency”) to support and carry out the activities of that system.
(b)
Agency requirements—
(1)
Characteristics of agency— The State shall ensure that the agency designated under subsection (a) shall—
(A)
not be administered by the State, or an agency or instrumentality of a State; and
(B)
be independent of any entity that represents the interest of the State, employers, or other corporations.
(2)
No redesignation of agency— The agency implementing the system shall not be redesignated unless—
(A)
there is good cause for the redesignation;
(B)
the State has given the agency notice of the intention to make such redesignation, including notice regarding the good cause for such redesignation, and given the agency an opportunity to respond to the assertion that good cause has been shown;
(C)
the agency has given timely notice of the intended redesignation directly to clients of the agency;
(D)
the State has provided, in plain English and in accessible formats for individuals with disabilities and for individuals who primarily speak a language other than English, an opportunity for public comment; and
(E)
the agency has an opportunity to appeal the redesignation to the Secretary, on the basis that the redesignation was not for good cause.
(3)
Costs of notice— The costs of the notice required under paragraph (2)(C) shall be paid by the State.
(c)
System required— The system described in subsection (a) shall—
(1)
have the authority to—
(A)
pursue legal, administrative, and other appropriate remedies or approaches, as applicable, to ensure the protection of, and advocacy for, the rights of individuals within the State who are or who may be eligible for relief from employment discrimination; and
(B)
provide information on and referral to programs and services addressing the needs of such individuals;
(2)
have the authority—
(A)
to investigate incidents of employment discrimination, including harassment, and to conduct investigations of systemic employment discrimination, of such individuals if the incidents are reported to the agency or if there is probable cause to believe that the incidents occurred; and
(B)
to investigate and gather data in the same manner as the Secretary under section 11(a) of the Fair Labor Standards Act (29 U.S.C. 211(a));
(3)
on an annual basis, develop, submit to the Secretary, and take action with regard to goals and priorities developed through data driven strategic planning for the system’s activities;
(4)
on an annual basis, provide to the public, including individuals described in paragraph (1)(A), the regional office of the Commission that serves the State, and any State agency whose purpose is to reduce or eliminate employment discrimination, an opportunity to comment on—
(A)
the goals and priorities established by the agency and the rationale for the establishment of such goals; and
(B)
the activities of the agency, including the coordination of services with the District office of the Commission that serves the State, and any State agency whose purpose is to reduce, eliminate, or redress employment discrimination, and with entities carrying out other related programs;
(5)
establish a grievance procedure for clients or prospective clients of the agency to ensure that individuals described in paragraph (1)(A) have full access to services of the agency;
(6)
have access at reasonable times to any individual described in paragraph (1)(A) in a location in which services and other assistance are provided to such an individual, in order to carry out the purpose of this subtitle;
(7)
have access, not later than 3 business days after the agency makes a written request, to the records of any individual described in paragraph (1)(A) (including Federal and State workers) who is a client of the agency if such individual, or other legal representative of such individual, has authorized the agency to have such access;
(8)
hire and maintain sufficient numbers and types of staff (qualified by training and experience) to carry out the agency’s functions, except that the State involved shall not apply hiring freezes, reductions in force, prohibitions on travel, or other policies to the staff of the agency, to the extent that such policies would impact the staff or functions of the agency funded with Federal funds or would prevent the agency from carrying out the functions of the system under this subtitle;
(9)
have the authority to educate policymakers; and
(10)
provide assurances to the Secretary that funds allotted to the State under section 433 will be used to supplement, and not supplant, the non-Federal funds that would otherwise be made available for the purposes for which the allotted funds are provided.
(d)
American Indian consortium—
(1)
In general— Upon application to the Secretary, the Secretary shall allot funds to one or more American Indian consortium established to provide services under this subtitle, in accordance with section 433(a)(5). Such funds shall be used to support services under this subtitle.
(2)
Coordination of systems— An American Indian consortium under paragraph (1) shall be considered to be a system for purposes of this subtitle and shall coordinate those services with other systems serving the same geographic area.
(3)
Responsible party— The tribal council that designates the consortium shall carry out the responsibilities and exercise the authorities specified for a State in this subtitle, with regard to the consortium.

Sec. 435 Administration

(a)
Governing board— The system described in section 434 shall be organized as a private nonprofit entity with a multimember governing board, and such governing board shall be selected according to the policies and procedures of the system, except that—
(1)
the governing board shall be composed of members who broadly represent or are knowledgeable about the needs of the individuals served by the system;
(2)
a majority of the members of the board shall be—
(A)
attorneys representing the interests of workers;
(B)
advocates for workers with experience working to protect or expand workers’ rights; or
(C)
workers who have experienced employment discrimination;
(3)
not more than 1/3 of the members of the governing board may be appointed by the chief executive officer of the State involved, in the case of any State in which such officer has the authority to appoint members of the board;
(4)
the membership of the governing board shall be subject to term limits set by the system to ensure rotating membership; and
(5)
any vacancy in the board shall be filled not later than 60 days after the date on which the vacancy occurs.
(b)
Legal action—
(1)
In general— Nothing in this subtitle shall preclude a system from bringing a suit on behalf of individuals described in section 434(c)(1)(A) against a State, or an agency or instrumentality of a State.
(2)
Use of amounts from judgment— An amount received pursuant to a suit described in paragraph (1) through a court judgment may only be used by the system to further the purpose of this subtitle and shall not be used to augment payments to legal contractors or to award personal bonuses.
(c)
Public notice of Federal onsite review— The Secretary shall provide advance public notice of, and solicit public comments regarding, any Federal programmatic or administrative onsite review of a system conducted under this subtitle. The Secretary shall prepare an onsite visit report containing the results of such review, which shall be distributed to the Governor of the State and to other interested public and private parties. The comments received in response to the notice and public comment solicitation shall be included in the onsite visit report.
(d)
Reports—
(1)
In general— Beginning for the fiscal year after the fiscal year during which this Act is enacted, each system established in a State pursuant to this subtitle shall annually prepare and transmit to the Secretary a report that describes the activities, accomplishments, and expenditures of the system during the preceding fiscal year, including—
(A)
a description of the system’s goals, the extent to which the goals were achieved, and barriers to that achievement; and
(B)
the process used to obtain public input, the nature of such input, and how such input was used.
(2)
Disclosure of information— For purposes of the report described in paragraph (1) the Secretary shall not require the system disclose the identity of, or any other personally identifiable information related to, any individual requesting assistance from the system.

Sec. 436 Authorization of appropriations

There are authorized to be appropriated for allotments under section 433 such sums as may be necessary.